Loading...
Ordinance No. 2018-20 d✓ CITY OF CLERMONTavece Charrowns ORDINANCE NO. 2018-20 AN ORDINANCE OF THE CODE OF ORDINANCES OF THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA, AMENDING CHAPTER 54, STREETS, SIDEWALKS AND OTHER PUBLIC PLACES, SECTION 54- 101, "DEFINITIONS" AND SECTION 54-102 "PERMIT REQUIRED/EXEMPTIONS", CREATING SECTION 54-107 "DISTRIBUTION OF MATERIALS ON CITY PROPERTY", REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, PROVIDING FOR SEVERABILITY, CODIFICATION AND EFFECTIVE DATE. The City Council of the City of Clermont, Lake County, Florida hereby ordains that: SECTION 1. Chapter 54, Street, Sidewalks and Other Public Places, Section 54-101, Definitions, is hereby amended as follows, Section 54-102, Permit Required/Exemptions is amended as follows, and Section 543-107 Distribution of Materials on City Property is hereby created at follows: Section 54-101 Definitions The following words,terms,and phrases,when used in this article,shall have the meanings ascribed to them in this section, except where the context clearly requires otherwise: 1. "Advertise"is the act of publicly announcing or calling public attention to a person, thing, place,or event and shall include,but not be limited to, the distribution of handbills or mass mailings, the use of outdoor advertising and announcements by radio, television, or newspaper.Distribution also includes the use of electronic media to include email,internes, social media sites, and other electronic means. 2. "Event Organizer" means a business, Corporation, Limited Liability Company, individual, or any other legal entity which organizes, sponsors, or operates a Special Event. 3. "Regulated Property"means all real property located within the municipal boundaries of the City of Clermont, to include the waterways, access points and lakes or other bodies of water under the control of the State of Florida or Lake County Board of County Commissioners whose use may require action by City resources such as,but not limited to, the Police, Fire or Public Works Departments. Any property within the City of Clermont owned by the Lake County School Board is exempt from this definition and the applicable requirements of this ordinance. 4. "Parade" is any procession, march or assembly wherein the participants travel by foot, vehicle or otherwise in or upon any street, sidewalk, public right-of-way, bicycle path, public property,or public parking facility within the City;provided,however,that"parade" shall not include a peaceful procession or peaceful picketing that is conducted off the street or roadway in conformance with all traffic laws,City ordinances and State Statutes and not in a manner as to obstruct vehicular or pedestrian traffic. l 11 d±: CITY OF CLERMONT ORDINANCE NO. 2018-20 5. "Public Use" is any lawful utilization of city owned parks, grounds, or other facilities which is not prohibited by any applicable regulation,ordinance,or law and which does not in fact interfere with, or tend to interfere with or obstruct the use of the park grounds or facilities by the general public or by any other person or person previously authorized to utilize the same. 6. "Special Event" means a temporary assembly held on regulated property within the City of Clermont, not regularly used by the event organizer to conduct its business or affairs. Special Events may be "for profit" or "not-for-profit". A Special Event shall include, but not be limited to, any ceremony, exhibition, show, concert, wedding, large gathering, pageant, rally, private entertainment events, seasonal holiday sales, professional performances, concerts, parades, street dances, sporting events, festivals, competitions, art shows, runs/races/walks or assembly, and any event where fireworks shall be used, exploded or displayed. 7. "Firework" shall mean and include any combustible or explosive composition, or any substance or combination of substances, or, except as hereinafter provided, any article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and shall include blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire beneath to propel the same, firecrackers, torpedoes, skyrockets, Roman Candles, Daygo Bombs, and any fireworks containing any explosive or flammable compound or any tables or other device containing any explosive substance. Section 54-102 Permit Required/Exemptions 1. All Special Events held on regulated property within the City of Clermont require a Special Events Permit in accordance with the provisions of this Ordinance, unless expressly exempted. No event organizer required by this Ordinance to obtain a Special Events Permit shall advertise, engage in, participate in, aid, form, or start any Special Event prior to obtaining a Special Events Permit from the City of Clermont. a. Special Events requiring a permit shall be any event or activity; other than the normal day to day or seasonal operations of concerns licensed or established within the City of Clermont, which is designed, advertised, or intended to attract the participation or attendance of more than two hundred fifty(250) people. b. Special Events requiring notification only shall be any events or activities, other than the normal day-to-day or seasonal operations of concerns licensed or established within the City of Clermont which is designed or intended to attract the participation of more than one hundred (100) but less than two hundred fifty(250) people. 2 CITY OF CLERMONT CIS ORDINANCE NO. 2018-20 c, Any organized activity, including but not limited to any ceremony, exhibition,show, concert,wedding,large gathering,pageant,rally,private entertainment events, seasonal holiday sales, professional performances, concerts, parades, street dances, sporting events, festivals, competitions, art shows, runs/races/walks or assembly, and any event where fireworks shall be used, exploded or displayed that is held on City property shall be required to obtain a Special Events Permit. Section 54-107 Distribution of Materials on City Property The City prohibits the use of any tables, stands, risers, benches, chairs or objects of any kind as a means of, or as part of, the distribution of pamphlets, handbills, circulars, newspapers, materials and/or literature on City property without an approved Special Event Permit. SECTION 2. All Ordinances or parts of this Ordinance in conflict herewith are hereby repealed. SECTION 3. Should any section or part of this section be declared invalid by any court of competent jurisdiction, such adjudications shall not apply to or affect any other provision of this Ordinance, except to the extent that the entire section or part of the section may be inseparable in meaning and effect from the section to which such holding shall apply. SECTION 4. Section 1 of this Ordinance shall be codified as a part of the Clermont City Code. The codifier is authorized to make editorial changes not effecting the substance of this Ordinance by the substitution of"Article" for "Ordinance", "Section" for "Paragraph", or otherwise to take such editorial license. SECTION 5. This Ordinance shall be published as provided by law, and it shall become law and take effect upon its Second Reading and Final Passage. 3 d= CSE CITY OF CLERMONT Chwe C ORDINANCE NO. 2018-20 PASSED AND ADOPTED by the City Council of the City of Clermont, this 22nd day of May, 2018. CITY OF CLERMONT \411/' d").- / Gail L. Ash, Mayor ATTEST: it Tracy Ackroyd Howe, City Clerk A l t eyed as . form and legality: Danie F. Mantzaris, City Attorney